Answers Assignment 1, week 2
❖ What is the direct effect principle?
1. What is the founding case?
Binding EU law can be directly involved by a private party -> in case of a dispute the
private party can invoke EU law in a national court
Judges through the disputes are the starting points of the enforcement of EU law,
asking question to the ECJ for the interpretation of the law
judges or individuals cannot check the validity of EU law (only ECJ can do that)
Interpreting literally the treaty -> it’s not only a union of states but also of citizens
special interpretation of article 267 TEU the treaty applies to citizens
IRAC analysis:
Issue: Dutch company complaining of the violation of article 12 (now article 30 TFEU)
of EEC because of the tariff on their imports. The company wants to invoke article 12
directly, asking if the article gives rights and if they can be involved in them. Does article
12 give individuals rights? Can individuals directly apply it in national courts? article 12
with literal interpretation does not give individual rights, only Member States are
mentioned
Rule: (you have to refer to national law for a case about supremacy!)
Article 93 of Dutch law (when international law is transposed in national law is binding)
Article 94 (international law if in conflict with national one shall be disapplied)
Application:
systematic and literal interpretation, they look at the preamble -> the community is made
by citizens.
preliminary reference procedure -> Following another line of argumentation, the Court,
interpreting nowadays article 267 TFEU, says that, implicitly, member states accepted
that private parties could bring European legislation into their claims when they
accepted that the ECJ was to resolve interpretation questions when national courts asked
them to in the context of a claim that could be brought by a private party.
The court does a purposive interpretation (...necessary to consider the spirit, the general
scheme and the wording of those provisions. The objective of the EEC treaty, which is
to establish a common market, the functioning of which is of direct concern to
interested parties in the community, implies that this Treaty is more than an agreement
which merely creates mutual obligations between the contracting states)
states have given their powers to the ECJ
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❖ What is the direct effect principle?
1. What is the founding case?
Binding EU law can be directly involved by a private party -> in case of a dispute the
private party can invoke EU law in a national court
Judges through the disputes are the starting points of the enforcement of EU law,
asking question to the ECJ for the interpretation of the law
judges or individuals cannot check the validity of EU law (only ECJ can do that)
Interpreting literally the treaty -> it’s not only a union of states but also of citizens
special interpretation of article 267 TEU the treaty applies to citizens
IRAC analysis:
Issue: Dutch company complaining of the violation of article 12 (now article 30 TFEU)
of EEC because of the tariff on their imports. The company wants to invoke article 12
directly, asking if the article gives rights and if they can be involved in them. Does article
12 give individuals rights? Can individuals directly apply it in national courts? article 12
with literal interpretation does not give individual rights, only Member States are
mentioned
Rule: (you have to refer to national law for a case about supremacy!)
Article 93 of Dutch law (when international law is transposed in national law is binding)
Article 94 (international law if in conflict with national one shall be disapplied)
Application:
systematic and literal interpretation, they look at the preamble -> the community is made
by citizens.
preliminary reference procedure -> Following another line of argumentation, the Court,
interpreting nowadays article 267 TFEU, says that, implicitly, member states accepted
that private parties could bring European legislation into their claims when they
accepted that the ECJ was to resolve interpretation questions when national courts asked
them to in the context of a claim that could be brought by a private party.
The court does a purposive interpretation (...necessary to consider the spirit, the general
scheme and the wording of those provisions. The objective of the EEC treaty, which is
to establish a common market, the functioning of which is of direct concern to
interested parties in the community, implies that this Treaty is more than an agreement
which merely creates mutual obligations between the contracting states)
states have given their powers to the ECJ
1 of 4
